Senate File 2313 - Introduced SENATE FILE 2313 BY DONAHUE A BILL FOR An Act relating to employment matters involving public 1 employees including collective bargaining, educator 2 employment matters, personnel records and settlement 3 agreements, city civil service requirements, and 4 health insurance matters, and including effective date, 5 applicability, and transition provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5995XS (4) 90 je/js

S.F. 2313 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, subsections 11 and 13, Code 2024, 3 are amended by striking the subsections. 4 Sec. 2. Section 20.6, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. Administer Interpret, apply, and administer the 7 provisions of this chapter and delegate the powers and duties 8 of the board to the executive director or persons employed by 9 the board, as appropriate. 10 Sec. 3. Section 20.6, subsections 6 and 7, Code 2024, are 11 amended by striking the subsections. 12 Sec. 4. Section 20.7, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. Hire, evaluate, promote, demote, transfer, assign, and 15 retain public employees in positions within the public agency. 16 Sec. 5. Section 20.8, subsection 5, Code 2024, is amended by 17 striking the subsection. 18 Sec. 6. Section 20.9, Code 2024, is amended by striking the 19 section and inserting in lieu thereof the following: 20 20.9 Scope of negotiations. 21 1. The public employer and the employee organization 22 shall meet at reasonable times, including meetings reasonably 23 in advance of the public employer’s budget-making process, 24 to negotiate in good faith with respect to wages, hours, 25 vacations, insurance, holidays, leaves of absence, shift 26 differentials, overtime compensation, supplemental pay, 27 seniority, transfer procedures, job classifications, health and 28 safety matters, evaluation procedures, procedures for staff 29 reduction, in-service training, and other matters mutually 30 agreed upon. Negotiations shall also include terms authorizing 31 dues checkoff for members of the employee organization and 32 grievance procedures for resolving any questions arising under 33 the agreement, which shall be embodied in a written agreement 34 and signed by the parties. If an agreement provides for dues 35 -1- LSB 5995XS (4) 90 je/js 1/ 49

S.F. 2313 checkoff, a member’s dues may be checked off only upon the 1 member’s written request and the member may terminate the dues 2 checkoff at any time by giving thirty days’ written notice. 3 Such obligation to negotiate in good faith does not compel 4 either party to agree to a proposal or make a concession. 5 2. Nothing in this section shall diminish the authority 6 and power of the department of administrative services, board 7 of regents’ merit system, Iowa public broadcasting board’s 8 merit system, or any civil service commission established by 9 constitutional provision, statute, charter, or special act to 10 recruit employees, prepare, conduct and grade examinations, 11 rate candidates in order of their relative scores for 12 certification for appointment or promotion or for other matters 13 of classification, reclassification, or appeal rights in the 14 classified service of the public employer served. 15 3. All retirement systems shall be excluded from the scope 16 of negotiations. 17 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2024, 18 is amended by striking the paragraph. 19 Sec. 8. Section 20.12, subsection 5, Code 2024, is amended 20 to read as follows: 21 5. If an employee organization or any of its officers 22 is held to be in contempt of court for failure to comply 23 with an injunction pursuant to this section , or is convicted 24 of violating this section , the employee organization shall 25 be immediately decertified, shall cease to represent the 26 bargaining unit, shall cease to receive any dues by checkoff, 27 and may again be certified only after twenty-four twelve months 28 have elapsed from the effective date of decertification and 29 only if after a new petition for certification pursuant to 30 compliance with section 20.14 is filed and a new certification 31 election pursuant to section 20.15 is held . The penalties 32 provided in this section may be suspended or modified by the 33 court, but only upon request of the public employer and only 34 if the court determines the suspension or modification is in 35 -2- LSB 5995XS (4) 90 je/js 2/ 49

S.F. 2313 the public interest. 1 Sec. 9. Section 20.15, Code 2024, is amended by striking the 2 section and inserting in lieu thereof the following: 3 20.15 Elections. 4 1. Upon the filing of a petition for certification of an 5 employee organization, the board shall submit a question to 6 the public employees at an election in the bargaining unit 7 found appropriate by the board. The question on the ballot 8 shall permit the public employees to vote for no bargaining 9 representation or for any employee organization which has 10 petitioned for certification or which has presented proof 11 satisfactory to the board of support of ten percent or more of 12 the public employees in the appropriate unit. 13 2. If a majority of the votes cast on the question is 14 for no bargaining representation, the public employees in 15 the bargaining unit found appropriate by the board shall not 16 be represented by an employee organization. If a majority 17 of the votes cast on the question is for a listed employee 18 organization, then that employee organization shall represent 19 the public employees in the bargaining unit found appropriate 20 by the board. 21 3. If none of the choices on the ballot receive the vote 22 of a majority of the public employees voting, the board shall 23 conduct a runoff election among the two choices receiving the 24 greatest number of votes. 25 4. Upon written objections filed by any party to the 26 election within ten days after notice of the results of 27 the election, if the board finds that misconduct or other 28 circumstances prevented the public employees eligible to 29 vote from freely expressing their preferences, the board may 30 invalidate the election and hold a second election for the 31 public employees. 32 5. Upon completion of a valid election in which the majority 33 choice of the employees voting is determined, the board shall 34 certify the results of the election and shall give reasonable 35 -3- LSB 5995XS (4) 90 je/js 3/ 49

S.F. 2313 notice of the order to all employee organizations listed on the 1 ballot, the public employers, and the public employees in the 2 appropriate bargaining unit. 3 6. a. A petition for certification as exclusive bargaining 4 representative of a bargaining unit shall not be considered 5 by the board for a period of one year from the date of the 6 noncertification of an employee organization as the exclusive 7 bargaining representative of that bargaining unit following a 8 certification election. A petition for certification as the 9 exclusive bargaining representative of a bargaining unit shall 10 also not be considered by the board if the bargaining unit is 11 at that time represented by a certified exclusive bargaining 12 representative. 13 b. A petition for the decertification of the exclusive 14 bargaining representative of a bargaining unit shall not be 15 considered by the board for a period of one year from the date 16 of its certification, or within one year of its continued 17 certification following a decertification election, or during 18 the duration of a collective bargaining agreement which, for 19 purposes of this section, shall be deemed not to exceed two 20 years. However, if a petition for decertification is filed 21 during the duration of a collective bargaining agreement, the 22 board shall award an election under this section not more than 23 one hundred eighty days and not less than one hundred fifty 24 days prior to the expiration of the collective bargaining 25 agreement. If an employee organization is decertified, the 26 board may receive petitions under section 20.14, provided that 27 no such petition and no election conducted pursuant to such 28 petition within one year from decertification shall include as 29 a party the decertified employee organization. 30 c. A collective bargaining agreement with the state, its 31 boards, commissions, departments, and agencies shall be for two 32 years. The provisions of a collective bargaining agreement or 33 arbitrator’s award affecting state employees shall not provide 34 for renegotiations which would require the refinancing of 35 -4- LSB 5995XS (4) 90 je/js 4/ 49

S.F. 2313 salary and fringe benefits for the second year of the term of 1 the agreement, except as provided in section 20.17, subsection 2 6. The effective date of any such agreement shall be July 1 of 3 odd-numbered years, provided that if an exclusive bargaining 4 representative is certified on a date which will prevent the 5 negotiation of a collective bargaining agreement prior to 6 July 1 of odd-numbered years for a period of two years, the 7 certified collective bargaining representative may negotiate 8 a one-year contract with the public employer which shall be 9 effective from July 1 of the even-numbered year to July 1 10 of the succeeding odd-numbered year when new contracts shall 11 become effective. 12 Sec. 10. Section 20.17, subsection 8, Code 2024, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 8. The salaries of all public employees of the state under 16 a merit system and all other fringe benefits which are granted 17 to all public employees of the state shall be negotiated with 18 the governor or the governor’s designee on a statewide basis, 19 except those benefits which are not subject to negotiations 20 pursuant to the provisions of section 20.9. 21 Sec. 11. Section 20.17, Code 2024, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 8A. A public employee or any employee 24 organization shall not negotiate or attempt to negotiate 25 directly with a member of the governing board of a public 26 employer if the public employer has appointed or authorized 27 a bargaining representative for the purpose of bargaining 28 with the public employees or their representative, unless the 29 member of the governing board is the designated bargaining 30 representative of the public employer. 31 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 32 2024, are amended to read as follows: 33 2. Each party shall serve its final offer on each of 34 the impasse items upon the other party within four days of 35 -5- LSB 5995XS (4) 90 je/js 5/ 49

S.F. 2313 the board’s receipt of the request for arbitration , or by a 1 deadline otherwise agreed upon by the parties . The parties may 2 continue to negotiate all offers until an agreement is reached 3 or an award is rendered by the arbitrator. The full costs of 4 arbitration under this section shall be shared equally by the 5 parties to the dispute. 6 3. The submission of the impasse items to the arbitrator 7 shall be limited to those items upon which the parties have 8 not reached agreement. With respect to each such item, the 9 arbitrator’s award shall be restricted to the final offers on 10 each impasse item submitted by the parties to the arbitrator , 11 except as provided in subsection 10 , paragraph “b” . 12 7. For an arbitration involving a bargaining unit that 13 has at least thirty percent of members who are public safety 14 employees, the The arbitrator shall consider and specifically 15 address in the arbitrator’s determination , in addition to any 16 other relevant factors, the following factors: 17 a. Past collective bargaining contracts between the parties 18 including the bargaining that led up to such contracts. 19 b. Comparison of wages, hours, and conditions of employment 20 of the involved public employees with those of other public 21 employees doing comparable work, giving consideration to 22 factors peculiar to the area and the classifications involved. 23 c. The interests and welfare of the public, the ability of 24 the public employer to finance economic adjustments, and the 25 effect of such adjustments on the normal standard of services. 26 d. The power of the public employer to levy taxes and 27 appropriate funds for the conduct of its operations. 28 9. a. The arbitrator may administer oaths, examine 29 witnesses and documents, take testimony and receive evidence, 30 and issue subpoenas to compel the attendance of witnesses and 31 the production of records. The arbitrator may petition the 32 district court at the seat of government or of the county 33 in which the hearing is held to enforce the order of the 34 arbitrator compelling the attendance of witnesses and the 35 -6- LSB 5995XS (4) 90 je/js 6/ 49

S.F. 2313 production of records. 1 b. Except as required for purposes of the consideration of 2 the factors specified in subsection 7 , paragraphs “a” through 3 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 4 (3), the parties shall not introduce, and the arbitrator 5 shall not accept or consider, any direct or indirect evidence 6 regarding any subject excluded from negotiations pursuant to 7 section 20.9 . 8 10. a. The arbitrator shall select within fifteen 9 days after the hearing the most reasonable offer, in the 10 arbitrator’s judgment, of the final offers on each impasse item 11 submitted by the parties. 12 b. (1) However, for an arbitration involving a bargaining 13 unit that does not have at least thirty percent of members who 14 are public safety employees, with respect to any increase in 15 base wages, the arbitrator’s award shall not exceed the lesser 16 of the following percentages in any one-year period in the 17 duration of the bargaining agreement: 18 (a) Three percent. 19 (b) A percentage equal to the increase in the consumer 20 price index for all urban consumers for the midwest region, 21 if any, as determined by the United States department of 22 labor, bureau of labor statistics, or a successor index. Such 23 percentage shall be the change in the consumer price index 24 for the twelve-month period beginning eighteen months prior 25 to the month in which the impasse item regarding base wages 26 was submitted to the arbitrator and ending six months prior to 27 the month in which the impasse item regarding base wages was 28 submitted to the arbitrator. 29 (2) To assist the parties in the preparation of their final 30 offers on an impasse item regarding base wages, the board 31 shall provide information to the parties regarding the change 32 in the consumer price index for all urban consumers for the 33 midwest region for any twelve-month period. The department of 34 workforce development shall assist the board in preparing such 35 -7- LSB 5995XS (4) 90 je/js 7/ 49

S.F. 2313 information upon request. 1 Sec. 13. Section 20.22, subsection 8, Code 2024, is amended 2 by striking the subsection. 3 Sec. 14. Section 20.26, subsection 4, Code 2024, is amended 4 to read as follows: 5 4. Nothing in this section shall be construed to prohibit 6 voluntary contributions by individuals to political parties 7 or candidates , provided that such contributions are not made 8 through payroll deductions . 9 Sec. 15. Section 20.29, Code 2024, is amended to read as 10 follows: 11 20.29 Filing agreement —— public access —— internet site . 12 1. Collective bargaining agreements shall be in writing and 13 shall be signed by the parties. 14 2. A copy of a collective bargaining agreement entered into 15 between a public employer and a certified employee organization 16 and made final under this chapter shall be filed with the board 17 by the public employer within ten days of the date on which the 18 agreement is entered into. 19 3. Copies of collective bargaining agreements entered 20 into between the state and the state employees’ bargaining 21 representatives and made final under this chapter shall be 22 filed with the secretary of state and be made available to the 23 public at cost. 24 4. The board shall maintain an internet site that allows 25 searchable access to a database of collective bargaining 26 agreements and other collective bargaining information. 27 Sec. 16. Section 20.30, Code 2024, is amended by striking 28 the section and inserting in lieu thereof the following: 29 20.30 Supervisory member —— no reduction before retirement. 30 1. A supervisory member of any department or agency 31 employed by the state of Iowa shall not be granted a voluntary 32 reduction to a nonsupervisory rank or grade during the six 33 months preceding retirement of the member. A member of any 34 department or agency employed by the state of Iowa who retires 35 -8- LSB 5995XS (4) 90 je/js 8/ 49

S.F. 2313 in less than six months after voluntarily requesting and 1 receiving a reduction in rank or grade from a supervisory to a 2 nonsupervisory position shall be ineligible for a benefit to 3 which the member is entitled as a nonsupervisory member but is 4 not entitled as a supervisory member. 5 2. The provisions of this section shall be effective during 6 the collective bargaining agreement in effect from July 1, 7 1979, to June 30, 1981. 8 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 9 1, Code 2024, is amended to read as follows: 10 A mediator shall not be required to testify in any judicial, 11 administrative, arbitration, or grievance proceeding regarding 12 any matters occurring in the course of a mediation, including 13 any verbal or written communication or behavior, other than 14 facts relating exclusively to the timing or scheduling of 15 mediation. A mediator shall not be required to produce or 16 disclose any documents, including notes, memoranda, or other 17 work product, relating to mediation, other than documents 18 relating exclusively to the timing or scheduling of mediation. 19 This subsection shall not apply in any of the following 20 circumstances: 21 Sec. 18. Section 22.7, subsection 69, Code 2024, is amended 22 to read as follows: 23 69. The evidence of public employee support for 24 the certification , retention and recertification, or 25 decertification of an employee organization as defined in 26 section 20.3 that is submitted to the public employment 27 relations board as provided in section 20.14 or 20.15 . 28 Sec. 19. Section 22.7, subsection 70, Code 2024, is amended 29 by striking the subsection. 30 Sec. 20. Section 70A.17A, Code 2024, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 3. This section shall not affect a payroll 33 deduction elected by a state employee pursuant to section 34 70A.19. 35 -9- LSB 5995XS (4) 90 je/js 9/ 49

S.F. 2313 Sec. 21. Section 70A.19, Code 2024, is amended by striking 1 the section and inserting in lieu thereof the following: 2 70A.19 Duration of state payroll deduction for dues of 3 employee organization member. 4 A state employee who elects a payroll deduction for 5 membership dues to an employee organization pursuant to the 6 provisions of a collective bargaining agreement negotiated 7 under the provisions of chapter 20 shall maintain the deduction 8 for a period of one year or until the expiration of the 9 collective bargaining agreement, whichever occurs first. A 10 state employee who transfers employment to a position covered 11 by a different collective bargaining agreement or who becomes 12 a management employee is not subject to this requirement. 13 With respect to state employees, this section supersedes the 14 provisions of section 20.9 allowing termination of a dues 15 checkoff at any time but does not supersede the requirement for 16 thirty days’ written notice of termination. 17 Sec. 22. Section 412.2, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. From the proceeds of the assessments on the wages 20 and salaries of employees, of any such waterworks system, 21 or other municipally owned and operated public utility, 22 eligible to receive the benefits thereof. Notwithstanding 23 any provisions of section 20.9 to the contrary, a council, 24 board of waterworks, or other board or commission which 25 establishes a pension and annuity retirement system pursuant to 26 this chapter, shall negotiate in good faith with a certified 27 employee organization as defined in section 20.3, which is the 28 collective bargaining representative of the employees, with 29 respect to the amount or rate of the assessment on the wages 30 and salaries of employees and the method or methods for payment 31 of the assessment by the employees. 32 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 33 2024, is amended to read as follows: 34 b. For purposes of chapter 20 , the certified representative, 35 -10- LSB 5995XS (4) 90 je/js 10/ 49

S.F. 2313 which on July 1, 1983, represents employees who become judicial 1 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 2 remain the certified representative when the employees become 3 judicial branch employees and thereafter, unless the public 4 employee organization is not retained and recertified or is 5 decertified in an election held under section 20.15 or amended 6 or absorbed into another certified organization pursuant to 7 chapter 20 . Collective bargaining negotiations shall be 8 conducted on a statewide basis and the certified employee 9 organizations which engage in bargaining shall negotiate on a 10 statewide basis, although bargaining units shall be organized 11 by judicial district. The public employment relations board 12 shall adopt rules pursuant to chapter 17A to implement this 13 subsection . 14 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2024, are 15 repealed. 16 Sec. 25. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 17 RULES. 18 1. As of the effective date of this division of this Act, 19 parties, mediators, and arbitrators engaging in any collective 20 bargaining procedures provided for in chapter 20, Code 2024, 21 who have not, before the effective date of this division 22 of this Act, completed such procedures, shall immediately 23 terminate any such procedures in process. A collective 24 bargaining agreement negotiated pursuant to such procedures in 25 process shall not become effective. Parties, mediators, and 26 arbitrators shall not engage in further collective bargaining 27 procedures except as provided in this section. Such parties 28 shall commence collective bargaining in accordance with section 29 20.17, as amended in this division of this Act. Such parties 30 shall complete such bargaining not later than June 30, 2024, 31 unless the parties mutually agree to a different deadline. 32 2. The public employment relations board shall adopt 33 emergency rules under section 17A.4, subsection 3, and section 34 17A.5, subsection 2, paragraph “b”, to provide for procedures 35 -11- LSB 5995XS (4) 90 je/js 11/ 49

S.F. 2313 as deemed necessary to implement the provisions of this 1 section within five business days of the effective date of 2 this Act and shall submit such rules to the administrative 3 rules coordinator and the administrative code editor pursuant 4 to section 17A.5, subsection 1, within the same period. The 5 rules shall be effective immediately upon filing unless a later 6 date is specified in the rules. Such rules shall include but 7 are not limited to alternative deadlines for completion of the 8 procedures provided in sections 20.17 and 20.22, as amended by 9 this division of this Act, and sections 20.19 and 20.20, which 10 deadlines may be waived by mutual agreement of the parties. 11 3. The department of administrative services shall adopt 12 emergency rules under section 17A.4, subsection 3, and 13 section 17A.5, subsection 2, paragraph “b”, to provide for the 14 implementation of section 70A.19, as amended by this division 15 of this Act within five business days of the effective date 16 of this Act and shall submit such rules to the administrative 17 rules coordinator and the administrative code editor pursuant 18 to section 17A.5, subsection 1, within the same period. The 19 rules shall be effective immediately upon filing unless a later 20 date is specified in the rules. 21 Sec. 26. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 22 RELATIONS BOARD. 23 1. The public employment relations board shall cancel any 24 elections scheduled or in process pursuant to section 20.15, 25 subsection 2, Code 2024, as of the effective date of this Act. 26 2. Notwithstanding section 20.15, subsection 1, paragraph 27 “c”, Code 2024, the public employment relations board 28 shall consider a petition for certification of an employee 29 organization as the exclusive representative of a bargaining 30 unit for which an employee organization was not retained and 31 recertified as the exclusive representative of that bargaining 32 unit regardless of the amount of time that has elapsed since 33 the retention and recertification election at which an employee 34 organization was not retained or recertified. 35 -12- LSB 5995XS (4) 90 je/js 12/ 49

S.F. 2313 Sec. 27. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 Sec. 28. APPLICABILITY. With the exception of the 3 section of this division of this Act amending section 20.6, 4 subsection 1, this division of this Act does not apply to 5 collective bargaining agreements which have been ratified in a 6 ratification election referred to in section 20.17, subsection 7 4, for which an arbitrator has made a final determination as 8 described in section 20.22, subsection 11, or which have become 9 effective, when such events occurred before the effective 10 date of this division of this Act. This division of this Act 11 applies to all collective bargaining procedures provided for in 12 chapter 20 occurring on and after the effective date of this 13 division of this Act and collective bargaining agreements for 14 which a ratification election referred to in section 20.17, 15 subsection 4, is held, for which an arbitrator makes a final 16 determination as described in section 20.22, subsection 11, or 17 which become effective on or after the effective date of this 18 division of this Act. 19 DIVISION II 20 EDUCATOR EMPLOYMENT MATTERS 21 Sec. 29. Section 279.13, subsections 2 and 5, Code 2024, are 22 amended to read as follows: 23 2. The contract shall remain in force and effect for the 24 period stated in the contract and shall be automatically 25 continued for equivalent periods except as modified or 26 terminated by mutual agreement of the board of directors and 27 the teacher or as modified or terminated in accordance with 28 the provisions specified in this chapter . A contract shall 29 not be offered by the employing board to a teacher under its 30 jurisdiction prior to March 15 of any year. A teacher who has 31 not accepted a contract for the ensuing school year tendered 32 by the employing board may resign effective at the end of the 33 current school year by filing a written resignation with the 34 secretary of the board. The resignation must be filed not 35 -13- LSB 5995XS (4) 90 je/js 13/ 49

S.F. 2313 later than the last day of the current school year or the date 1 specified by the employing board for return of the contract, 2 whichever date occurs first. However, a teacher shall not be 3 required to return a contract to the board or to resign less 4 than twenty-one days after the contract has been offered. 5 5. Notwithstanding the other provisions of this section , a 6 temporary contract may be issued to a teacher for a period of 7 up to six months. Notwithstanding the other provisions of this 8 section , a temporary contract may also be issued to a teacher 9 to fill a vacancy created by a leave of absence in accordance 10 with the provisions of section 29A.28 , which contract shall 11 automatically terminate upon return from military leave of the 12 former incumbent of the teaching position . Temporary contracts 13 and which contract shall not be subject to the provisions of 14 sections 279.15 through 279.19 , or section 279.27 . A separate 15 extracurricular contract issued pursuant to section 279.19A to 16 a person issued a temporary contract under this section shall 17 automatically terminate with the termination of the temporary 18 contract as required under section 279.19A, subsection 8 . 19 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 20 1, Code 2024, is amended to read as follows: 21 For purposes of this section , sections 279.14 , 279.15 , 22 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 23 otherwise requires, “teacher” includes the following individuals 24 employed by a community college: 25 Sec. 31. Section 279.14, Code 2024, is amended to read as 26 follows: 27 279.14 Evaluation criteria and procedures. 28 1. The board shall establish evaluation criteria and shall 29 implement evaluation procedures. If an exclusive bargaining 30 representative has been certified, the board shall negotiate 31 in good faith with respect to evaluation procedures pursuant 32 to chapter 20. 33 2. The determination of standards of performance expected 34 of school district personnel shall be reserved as an exclusive 35 -14- LSB 5995XS (4) 90 je/js 14/ 49

S.F. 2313 management right of the school board and shall not be subject 1 to mandatory negotiations under chapter 20 . Objections 2 Notwithstanding chapter 20, objections to the procedures, 3 use, or content of an evaluation in a teacher termination 4 proceeding brought before the school board in a hearing held in 5 accordance with section 279.16 or 279.27 shall not be subject 6 to any the grievance procedures negotiated in accordance with 7 chapter 20 . A school district shall not be obligated to 8 process any evaluation grievance after service of a notice and 9 recommendation to terminate an individual’s continuing teaching 10 contract in accordance with this chapter. 11 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 12 2024, is amended to read as follows: 13 c. Within five days of the receipt of the written notice 14 that the superintendent is recommending termination of the 15 contract, the teacher may request, in writing to the secretary 16 of the board, a private hearing with the board. The private 17 hearing shall not be subject to chapter 21 and shall be held 18 no sooner than twenty ten days and no later than forty twenty 19 days following the receipt of the request unless the parties 20 otherwise agree. The secretary of the board shall notify the 21 teacher in writing of the date, time, and location of the 22 private hearing, and at least ten five days before the hearing 23 shall also furnish to the teacher any documentation which 24 may be presented to the board at the private hearing and a 25 list of persons who may address the board in support of the 26 superintendent’s recommendation at the private hearing. At 27 least seven three days before the hearing, the teacher shall 28 provide any documentation the teacher expects to present at 29 the private hearing, along with the names of any persons who 30 may address the board on behalf of the teacher. This exchange 31 of information shall be at the time specified unless otherwise 32 agreed. 33 Sec. 33. Section 279.16, Code 2024, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -15- LSB 5995XS (4) 90 je/js 15/ 49

S.F. 2313 279.16 Private hearing —— decision —— record. 1 1. The participants at the private hearing shall be 2 at least a majority of the members of the board, their 3 legal representatives, if any, the superintendent, the 4 superintendent’s designated representatives, if any, the 5 teacher’s immediate supervisor, the teacher, the teacher’s 6 representatives, if any, and the witnesses for the parties. 7 The evidence at the private hearing shall be limited to the 8 specific reasons stated in the superintendent’s notice of 9 recommendation of termination. No participant in the hearing 10 shall be liable for any damages to any person if any statement 11 at the hearing is determined to be erroneous as long as the 12 statement was made in good faith. The superintendent shall 13 present evidence and argument on all issues involved and 14 the teacher may cross-examine, respond and present evidence 15 and argument in the teacher’s behalf relevant to all issues 16 involved. Evidence may be by stipulation of the parties and 17 informal settlement may be made by stipulation, consent, or 18 default or by any other method agreed upon by the parties in 19 writing. The board shall employ a certified shorthand reporter 20 to keep a record of the private hearing. The proceedings 21 or any part thereof shall be transcribed at the request of 22 either party with the expense of transcription charged to the 23 requesting party. 24 2. The presiding officer of the board may administer oaths 25 in the same manner and with like effect and under the same 26 penalties as in the case of magistrates exercising criminal 27 or civil jurisdiction. The board shall cause subpoenas to be 28 issued for such witnesses and the production of such books 29 and papers as either the board or the teacher may designate. 30 The subpoenas shall be signed by the presiding officer of the 31 board. 32 3. In case a witness is duly subpoenaed and refuses to 33 attend, or in case a witness appears and refuses to testify 34 or to produce required books or papers, the board shall, 35 -16- LSB 5995XS (4) 90 je/js 16/ 49

S.F. 2313 in writing, report such refusal to the district court of 1 the county in which the administrative office of the school 2 district is located, and the court shall proceed with the 3 person or witness as though the refusal had occurred in a 4 proceeding legally pending before the court. 5 4. The board shall not be bound by common law or statutory 6 rules of evidence or by technical or formal rules of procedure, 7 but it shall hold the hearing in such manner as is best suited 8 to ascertain and conserve the substantial rights of the 9 parties. Process and procedure under sections 279.13 through 10 279.19 shall be as summary as reasonably may be. 11 5. At the conclusion of the private hearing, the 12 superintendent and the teacher may file written briefs and 13 arguments with the board within three days or such other time 14 as may be agreed upon. 15 6. If the teacher fails to timely request a private hearing 16 or does not appear at the private hearing, the board may 17 proceed and make a determination upon the superintendent’s 18 recommendation. If the teacher fails to timely file a request 19 for a private hearing, the determination shall be not later 20 than May 31. If the teacher fails to appear at the private 21 hearing, the determination shall be not later than five days 22 after the scheduled date for the private hearing. The board 23 shall convene in open session and by roll call vote determine 24 the termination or continuance of the teacher’s contract 25 and, if the board votes to continue the teacher’s contract, 26 whether to suspend the teacher with or without pay for a period 27 specified by the board. 28 7. Within five days after the private hearing, the board 29 shall, in executive session, meet to make a final decision 30 upon the recommendation and the evidence as herein provided. 31 The board shall also consider any written brief and arguments 32 submitted by the superintendent and the teacher. 33 8. The record for a private hearing shall include: 34 a. All pleadings, motions and intermediate rulings. 35 -17- LSB 5995XS (4) 90 je/js 17/ 49

S.F. 2313 b. All evidence received or considered and all other 1 submissions. 2 c. A statement of all matters officially noticed. 3 d. All questions and offers of proof, objections, and 4 rulings thereon. 5 e. All findings and exceptions. 6 f. Any decision, opinion, or conclusion by the board. 7 g. Findings of fact shall be based solely on the evidence in 8 the record and on matters officially noticed in the record. 9 9. The decision of the board shall be in writing and shall 10 include findings of fact and conclusions of law, separately 11 stated. Findings of fact, if set forth in statutory language, 12 shall be accompanied by a concise and explicit statement of 13 the underlying facts supporting the findings. Each conclusion 14 of law shall be supported by cited authority or by reasoned 15 opinion. 16 10. When the board has reached a decision, opinion, or 17 conclusion, it shall convene in open meeting and by roll 18 call vote determine the continuance or discontinuance of the 19 teacher’s contract and, if the board votes to continue the 20 teacher’s contract, whether to suspend the teacher with or 21 without pay for a period specified by the board. The record 22 of the private conference and findings of fact and exceptions 23 shall be exempt from the provisions of chapter 22 . The 24 secretary of the board shall immediately mail notice of the 25 board’s action to the teacher. 26 Sec. 34. NEW SECTION . 279.17 Appeal by teacher to 27 adjudicator. 28 1. If the teacher is no longer a probationary teacher, the 29 teacher may, within ten days, appeal the determination of the 30 board to an adjudicator by filing a notice of appeal with the 31 secretary of the board. The notice of appeal shall contain a 32 concise statement of the action which is the subject of the 33 appeal, the particular board action appealed from, the grounds 34 on which relief is sought and the relief sought. 35 -18- LSB 5995XS (4) 90 je/js 18/ 49